Court: Court of Appeals for the Eighth Circuit; July 7, 1997; Federal Appellate Court
Jose Cabrera was charged in March 1996 with conspiracy to distribute and possession with intent to distribute methamphetamine under 21 U.S.C. §§ 841(a)(1) and 846. He pleaded not guilty and opted for a bench trial, during which the district court found him guilty and imposed a 151-month prison sentence followed by five years of supervised release. On appeal, Cabrera argued that the government failed to provide sufficient evidence for a conviction, contesting the credibility of the government's witnesses and the existence of a conspiracy. The Eighth Circuit Court of Appeals affirmed the district court's verdict, emphasizing that evidence must be viewed in a light favorable to the verdict, and conviction requires substantial evidence. To prove conspiracy, the government must demonstrate an agreement for an illegal purpose, the defendant's knowledge of this agreement, and active participation in it. Mere awareness of a conspiracy is inadequate; active involvement is necessary. A sales agreement alone does not constitute a conspiracy without additional understanding. The government need not show an express agreement, as a tacit understanding can be inferred from circumstantial evidence. Evidence connecting the defendant to the conspiracy can be minimal once a conspiracy is established.
Cabrera's trial featured testimony from two law enforcement officers and five witnesses, all of whom were drug users, with four having prior felony convictions. Two had plea agreements for reduced sentences in exchange for cooperation, while another expected a similar deal, and two received non-prosecution agreements for their testimony. These factors are significant for evaluating witness credibility. The district court, responsible for assessing this credibility, received evidence from both the prosecution and defense. An appellate court can only reverse the conviction if it finds that a reasonable fact-finder must have had doubt about the government's proof of an essential element of the offense.
The conspiracy timeline spanned from January 1994 to September 1995, during which Cabrera sold methamphetamine to individuals including the Bassetts, Harris, Vieyra, and Olguin. Despite Cabrera's limited English, communication occurred through basic Spanish, a translation book, or his wife. Drug transactions primarily took place at Cabrera's Grand Island trailer court and later at an Alda trailer court. Mark Bassett testified to regularly purchasing methamphetamine from Cabrera, initially every other day in Grand Island and later more frequently in Alda as Bassett's usage increased.
Bassett indicated that he saw Cabrera supply methamphetamine to others and that occasionally Cabrera would need to return to Grand Island for more supply. During one such trip, they were stopped by Trooper Greg Goltz for a broken windshield. Although a drug dog alerted on their vehicle, no drugs were found; however, Bassett claimed they had hidden methamphetamine under the car seat before being stopped. After returning home, fearing a raid, they disposed of the methamphetamine by flushing it down the toilet.
Bassett reported purchasing methamphetamine from Cabrera over twenty times at the Grand Island trailer court, totaling approximately three pounds. He ceased purchases after February 1995 when Cabrera relocated to Kansas. Bassett's wife, Sharon, and Delbert Harris occasionally accompanied him during these transactions. Sharon testified to driving Cabrera to Grand Island for methamphetamine, while Harris, who met Cabrera post-May 1994, began purchasing methamphetamine for personal use and resale after Cabrera's move to Alda. Harris also facilitated Cabrera's trips back to Grand Island for methamphetamine.
Roy Vieyra and Tibrusio Martinez engaged with Cabrera for methamphetamine purchases, with Martinez introducing Vieyra to Cabrera in November 1994. Vieyra then began buying from Cabrera almost daily until January 1995, initially for both personal use and resale before shifting to personal use only. Vieyra observed Cabrera providing methamphetamine to Harris and saw the Bassetts at Cabrera’s Alda trailer. Cindy Olguin testified to purchasing methamphetamine from Cabrera at the Grand Island court on forty to fifty occasions, being the one who introduced Bassett to Cabrera.
Cabrera was arrested by investigator Vincent Hernandez on April 1, 1996, in Wichita, Kansas, where he denied involvement in drug activities but admitted to such activities while in Alda. Cabrera contends that the evidence presented only indicates individual purchases and not a conspiracy to distribute methamphetamine. However, the circumstances differ significantly from the precedent case, United States v. West, highlighting that Cabrera sold methamphetamine to multiple individuals consistently and maintained connections for a reliable supply, indicating a collaborative effort rather than isolated sales.
Cabrera contends that cooperating witnesses had a motive to assist the government in securing a conviction. However, their testimonies are largely consistent and supported by additional evidence. After reviewing the evidence favorably towards the verdict, it is determined that Cabrera and others, including five witnesses, had an agreement to possess and distribute methamphetamine. Cabrera was aware of this agreement and actively participated in it. The evidence convincingly establishes Cabrera's guilt for conspiracy to distribute and possession with intent to distribute methamphetamine, leading to the affirmation of the district court’s conviction.
Judge Frank J. Magill was active when the case was submitted but took senior status before the opinion was issued. Judge Lyle E. Strom also presided over the case. The witnesses, Mark Bassett, Delbert Harris, Roy Vieyra, and Cindy Olguin, all had prior felony convictions. Bassett and Harris entered plea agreements, while Vieyra sought a similar deal. Sharon Bassett and Olguin had non-prosecution agreements. Officer Hernandez's report notes that Cabrera only acknowledged residing in Alda, Nebraska, and his wife's involvement in drug activities, without admitting personal involvement. The district court was tasked with addressing any discrepancies regarding this testimony, which it upheld as not erroneous.
Mark and Sharon Bassett were married, and Sharon had a prior romantic relationship with Delbert Harris. Mark and Delbert were once friends, and Mark knew Cindy Olguin, who assisted him in obtaining methamphetamine. Olguin identified Cabrera's wife, Pamela, as her cousin by marriage. Roy Vieyra, who lived with Cabrera for a period, was also a friend of Cabrera's wife. Cabrera did not claim that the witnesses colluded in their testimonies, and evidence contradicts such a possibility.
